(1) Terms defined in Sections 76-1-101.5 and 76-6-1302 apply to this section. (2) An actor commits possession, sale, or use of an automated sales suppression device if the actor willfully or knowingly sells, purchases, installs, transfers, uses, or possesses in this state any automated sales suppression device or phantomware with the intent to defraud. (3) (a) Except as provided in Subsection (3)(b) , a violation of Subsection (2) is a third degree felony. (b) A second or subsequent violation of Subsection (2) is a second degree felony. (c) Notwithstanding Section 76-3-301 , any person convicted of violating Subsection (2) may be fined not more than twice the amount of the applicable taxes that would otherwise be due, but for the use of the automated sales suppression device or phantomware. (d) Any person convicted of a violation of Subsection (2) : (i) is liable for all applicable taxes, penalties under Section 59-1-401 , and interest under Section 59-1-402 that would otherwise be due, but for the use of the automated sales suppression device or phantomware to evade the payment of taxes; and (ii) shall disgorge all profits associated with the sale or use of an automated sales suppression device or phantomware. (4) An automated sales suppression device and any device containing an automated sales suppression device is contraband and subject to forfeiture under Title 77, Chapter 11b, Forfeiture of Seized Property .
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